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OJCA/410/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No.410 of 2010
In
STAMP
NUMBER No.3455 of 2008
=========================================================
COMMISSIONER
OF CENTRAL EXCISE & CUSTOMS - Applicant(s)
Versus
M/S
KAY BEE TEX SPIN LTD - Respondent(s)
=========================================================
Appearance
:
MR
RJ OZA for
Applicant(s) : 1,
MR HARDIK P MODH for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date :
09/02/2011
ORAL
ORDER
(Per :
HONOURABLE MS.JUSTICE HARSHA DEVANI)
By
this application, the applicant seeks condonation of delay of 87 days
caused in filing Tax Appeal (stamp) No.3455 of 2008.
Heard
Mr.R.J.Oza, learned senior standing counsel, and Mr.Hardik Modh,
learned advocate appearing for the respondent.
Having
regard to the averments made in the application and more particularly
in Paragraph No.2 thereof, it appears that there was no delay on the
part of the applicant in taking steps for preferring the appeal.
However, it appears that some delay has occasioned on the part of the
learned standing counsel, who had filed the appeal on behalf of the
applicant in this court. In the circumstances, the delay caused in
filing Tax Appeal has been sufficiently explained.
For
the foregoing reasons, the application is succeeded and is
accordingly allowed. The delay of 87 days caused in filing Tax Appeal
(stamp) No.3455 of 2008 is hereby condoned. Rule is made absolute
accordingly. No order as to costs.
Sd/-
[HARSHA
DEVANI, J]
Sd/-
[
H.B.ANTANI, J ]
***
Bhavesh*
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